SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.360/2019 registered at Police Station, Nihalganj, District Dholpur, for offence under Section(s) 420, 406, 467, 468 and 471 IPC .

(2.) This is a case registered by one Mata Prasad Sharma, who is an authorized agent of Shepra Commercial Company (hereinafter referred to "Company"), who is dealer of Swaraj Tractors.

(3.) Learned counsel for the petitioner submits that the petitioner was an employee of the Company and was required to be given commission for sale of the tractors, but they were not ready to give him commission. He, therefore, made a complaint in this regard to Collector, Dholpur as well as Superintendent of Police, Dholpur whereafter an FIR was lodged against him alleging to have embezzled the amount of the earnest money received against the tractors sold to the farmers. Learned counsel submits that it is unimaginable that the company shall release the tractors without having its account cleared and the entire case has been set up with a view to save themselves from the cash transaction of earnest money undertaken by the company. Learned counsel submits that investigation, in this regard, has not been done by the Investigating Agency and the entire investigation has been fudged up.